The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-10-19
SUPREME JUDICIAL COURT.
WALTON J.. PRESIDING.

WALTON j., PRESIDING.
TUEsDAY-Mitchell H. Chase petition for man.
dalnus, VS.. George f. Gould ana Edwin L. DYER.
The petition alleges that Chase was before the
Municipal Court on the 22d day Of September
last on charge OF assault and battery and upon
arraignment pleaded not guilty; that Judge
Gould asked Mr.. Meaher, counsel for Chase
what he proposed TO do, and Mr.. Meaher replied
Gould stated that there was no necessity for a
trial lnasmuch as ne, the Judge, saw the assault
G csmmittea upon tae boy and refused and denied
Chase trial that the attorney then objected to
his acting in the case because he was witness
therein, but the Judge overruled the notion
found the respondent guilty aud sentenced him 10
pay line OF 500 and costs or TO stand commit
ted; Thereupon the respondent appealed from
sau sentences EN- .I.. 70 the Superior Court and
rior Court.
The petition further alleges that the record of
the case in the Municipal Court is incorrect and
not In accordance with the facts because it states
that the respondent Chase waived hearing,
whereas me respondent did not waive a hearing
but claimed q trial, which was refused. The pc
rition prays that the docket and record may be
ordered 20 be corrected In accordance with the
Hon. wv. Goddard appeared as counsel for
Chase, Hon; z. +. LIBBY for Judge Could and
Hon. y. Ill. Druinmond for Recorder Dyer.
MIR. Drummond FLED motion 10 dismiss the De-
tition as to Dyer on the ground that whether The
record IS right or wrong he, as the recorder of the
he is ordered TO by the Court.
MIR. Libby also filed motion ON the part of
Judge GOulQ, 10 DISMISS Tile petltlOU the
that admitting all that is alleged la the petition 10
be true mandamus Is not the proper remedy.
MT Libby commended that wherever there is
any remedy by appeal or writ Of error the remedy
OF mandamus does not exist; that where the party
has seen ft to appeal TO the upper court that APP
peal vacates the judgment Of the inferior court
and his remedy is in that higher court by appeal
and he cannot have the writ OF mandamus.
Judge Walton said he agreed with the counsel
that II there Is an0ther remedy mandamus will
not lie, but as il Is a very important question
whether or not he has an adequate remedy by ap-
peal ne would override the motion and hear the
Thereipon Mr.. Drummond and Mr.. Libby filed
answers. The answer Of Judge Gould admits all
me aegai ion, stated IN the petition except that
his counsel, Mr.: Meaher, received a hearing
Mitchell IL. Chase, the petitioner testified that
september 2lst in the morning, was driving nv
hack up Congress street ut the rate of or miles
an hour. Saw some children in the street, and
one boy stood up to see how near be could let the
horses come to him. snapped my whip at him
tofrighten him. then heard Judge Gould say
"Come into court" told him ceuldn't / had
got to attend to some orders. The Judge saws:
"foucome into court, saw you do it, did not
go, and at noon was arrested by Officer Hanson
der arrest until quarter of three when i was
balled out. The next morning went into court
and TOOK my seat among the spectators in the
rear 81 the bar. At the opening Of courtI was or
dered to take seat in the prisoners box. NV
sureties were there thatI had the day before /
was arralgned by the recorder ON q charge OF as
sault and battery. / pleaded not gnity ,Jndce
Gould asked my counsel what he should do win
the case. Ny attorney, Mr.. Meaher, said we were
ready Tor triai. Judge Gould said there was no
trial necessary, the facts being within the knoWl
edge OF the Court thatthe way he understood the
ssatute ne had right % find him guilty without
tflal Then Mr.. Meaher objected to Judge Gould
acting in the case as he was a witness to IT, and
Judge Gould said he overruled The objection. Mr.
Meaher said then he should appeal and asked. II
the sureties should come forward but the ,Iudpe
SAID no, not until other business was disposed 81
anu ne went on and tried a liquor case, and was
costs. eo''S anu
On cross-examination the witness said that he
S Su WY, a th ne t me boy might have hit his
ne re ahpsared to be frightened by the swapping of
Dennis A. Meaher testified that he was counsel
LOT Chase In the Municipal Court. / first went TO
Judge Gould privately and tod him Chase would
waive the reading Of The complaint and appeal
Inc Judge said no, he must be arraigned; that
ne, Chase, did not appreciate kind treatment 1
may have gone again and offered the same. hut
the Judge would not consent to IT, took seat
inside the bar. and after a while Recorder DYER
arraigned Mr.. Chase. Before that L motioned
with my hand for Chase TO come inside the bar.
Dut Omcer Cr0well put him IN the dock. Chase
pleaded not guilty. The Judge waited while
and said: "Meaher, what will you do with the
Ingge can TCIa INN mn we were ready for hearing
facts being within the knowledge Of the Court.
tne way constrne the statute have right TO
nnu MN guilty without hearing" 1 told him /
objected TO his acting in the ease as he was a
witness. The Judge said he overrued the OBJ
lection, that he had right to find him guilty
Then told him we would appeal. Afterwards
tne recorder announced the sentence of the
Court, which was hne of twenty dollars and
costs. ~
Edwin L. Dyer, the recorder Of the municipal
court testlhed TO the main facts substantially as
TESTIFIED TO by Mr.. Meaher; that is as to What
took place In an audible tone he did not hear the
private conversation between Mr.. Meaher and
the Judge, testified 10 by Mr.. Meaher.
de testified that on the next morning he told
Judge Gould that Mr.. Meaher and Judge God
aaru wished the record TO show that he claimed
hearing and objected TO the Judge sittipg in the
case; that the Judge told witness TO make up the
record as it is now made up; that witness told
ing ~ -'''7
The hearing will be resumed tomorrow morn